DOJ-OGR-00021004.pdf

Case 22-1426, Document 58, 02/28/2023, 3475901, Page178 of 221 A-378 Case 1:20-cr-00330-AJN Document 657 Filed 04/29/22 Page 21 of 45 enccouraged her to massage Epstein's feet, and that the Defendant then gave her a massage during which the Defendant touched Annie's breasts. Id. at 2083–86. As noted above, Carolyn testified that the Defendant paid her for performing sexualized massages on Epstein. She also testified that Epstein and the Defendant asked her about her life and family and discussed sexual topics with her. Id. at 1533–36. Epstein then invited her to travel generally, and the Defendant invited her to travel to Epstein's private island in the Caribbean. Id. at 1535, 1540. A reasonable juror could have concluded that the Defendant's and Epstein's actions, including their efforts to normalize sexual conduct and invitations for underage girls to travel to New Mexico and the Caribbean, were in furtherance of the conspiracy's goal of transporting minors to New York for the purpose of engaging in sexual activity illegal under New York law. Finally, although the jury was instructed that it could not convict the Defendant solely on the basis of Kate's testimony, her testimony corroborated the testimony of other witnesses as to the Defendant's knowledge and role in the conspiracy. Id. at 1177–90. The Court concludes that this evidence was sufficient for a reasonable jury to convict the Defendant for conspiring to transport individuals in interstate commerce with intent to engage in sexual activity illegal under New York law. Accordingly, the Court denies the Defendant's Rule 29 motion for a judgment of acquittal. III. The Court denies the Defendant's motion claiming a constructive amendment or prejudicial variance. The Defendant also seeks to vacate her convictions as to Counts One, Three, and Four (the Mann Act counts) pursuant to Federal Rule of Criminal Procedure 33. She contends that the jury convicted her of intending that Jane engage in sexual activity in New Mexico, rather than New York, thus resulting in a constructive amendment of the Indictment, or in the alternative, a 21 DOJ-OGR-00021004